Appeal No. 1996-0709
Application No. 08/228,245
Micro Devices, Inc., 977 F.2d 1555, 1571, 24 USPQ2d 1401, 1412
(Fed. Cir. 1992); See also E.I. du Pont De Nemours and Co. v.
Berkley and Co., 620 F.2d 1247, 1260 n.17, 205 USPQ 1, 10 n.17
(8th Cir. 1980)(“A small degree of utility is sufficient...The
claimed invention must only be capable of performing some
beneficial function...)
Here, we find that the specification and the literature
it refers to states that polynitrocubanes and functionalized
polynitrocubanes, which are inclusive of the claimed
polynitrocubane, are useful as energetic materials, such as
explosives, propellants, fuels and binders. See page 1. We
also find that the specification describes the claimed
polynitrocubane as an intermediate of a final product having a
utility. From these findings of fact, we can infer that the
claimed polynitrocubane belongs to a class of compounds whose
members are recognized to be useful as explosives,
propellants, fuels, binders and/or their intermediates and it
is within the skill of the art how to use the claimed compound
for such a purpose. On this record, the examiner simply has
not supplied any basis to question all of the aforementioned
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